2/13/04 - COMPLAINT FILED, PROPOSING A TOTAL PENALTY OF $119,120 ($84,120 FOR HOLMES AND $35,000 FOR ARCON). RESPONDENTS ARE: ARCON, INC., AND HOLMES BROTHERS ENTERPRISES, INC.
COMPLAINT ALLEGES:
COUNT 1: RESPONDENTS FAILED TO PROVIDE ANY WRITTEN NOTICE OF INTENTION TO RENOVATE THE MV CAPE LOBOS UNTIL ON OR AFTER MARCH 16, 1999, AT THE TIME OF THE COMPLETION OF THE ASBESTOS REMOVAL. RESPONDENTS VIOLATED THE REQUIREMENTS OF 40 CFR SECTION 61.145(b), BY FAILING TO PROVIDE ANY WRITTEN NOTICE OF INTENTION TO RENOVATE TO THE ADMINISTRATOR OR HIS DESIGNEE AT LEAST 10 DAYS PRIIOR TO THE COMMENCEMENT OF THE RENOVATION PROJECT.
COUNT 2: DURING EPA'S INVESTIGATION, IT WAS REVEALED THAT PRIOR TO THE REMOVAL OF THE RACM, RESPONDENT HOLMES BROTHERS DISTURBED THE ASBESTOS WHILE REMOVING CERTAIN HARDWARE MATERIAL AFFIXED TO THE WALL PANELS CONTAINING ASBESTOS. RESPONDENT HOLMES BROTHERS VIOLATED 40 CFR SECTION 61.145(c)(1), BY FAILING TO REMOVE THE ASBESTOS BEFORE ENGAGING IN ACTIVITIES THAT CAUSED THE RACM TO BE DISTURBED.
COUNT 3: DURING THE INSPECTION CONDUCTED BY NCHHCB ON MARCH 11, 1999, THE INSPECTOR OBSERVED THAT RACM WAS REMOVED WITHOUT BEING ADEQUATELY WET. FURTHER, THE INSPECTOR FOUND NO WATER OR WETTING AGENCY PRESENT IN THE REMOVAL AREAS. RESPONDENTS VIOLATED 40 CFR SECTION 61.145(c)(2), BY FAILING TO ADEQUATELY WET THE RACM DURING CUTTTING AND DISJOINING OPERATION.
COUNT 4: DURING THE INSPECTION CONDUCTED BY NCHHCB ON MARCH 11, 1999, THE INSPECTOR E